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Ontario Energy Board Act, 1998



Consolidation Period: From October 1, 2020 to the e-Laws currency date.

Last amendment: 524/20.

Legislative History: 29/17, 524/20.

This is the English version of a bilingual regulation.

Definition of “low-volume consumer”

1. The amount of gas referred to in the definition of “low-volume consumer” in section 47 of the Act is 50,000 cubic metres.  O. Reg. 328/03, s. 1.

Codes issued by Board

2. The Standard Supply Service Code issued by the Board is a prescribed document for the purposes of subsection 70.1 (7) of the Act.  O. Reg. 328/03, s. 2.

Cost of hydrocarbon line

3. The amount for the projected cost of a proposed hydrocarbon line for the purposes of clause 90 (1) (b) of the Act is $2 million.  O. Reg. 328/03, s. 3.

Restrictions on appointments

3.1 A person may not be appointed as a member of the board of directors or as chief executive officer if the person has any material interest in or is a director, officer, employee or agent of,

(a) a market participant;

(b) a generator, distributor, gas distributor, transmitter, gas transmitter, storage company, gas marketer or retailer;

(c) a unit sub-meter provider;

(d) the Smart Metering Entity;

(e) a person who sells electricity or ancillary services through the IESO-administered markets or directly to another person who is not a consumer;

(f) an industry association that represents a person referred to in clause (a), (b), (c), (d) or (e);

(g) the IESO; or

(h) an affiliate of a person listed in clause (a), (b), (c), (d), (e) or (g). O. Reg. 524/20, s. 1.

Hearing, determination of matters

3.2 For the purposes of subsections 4.1 (17) and 4.3 (8) of the Act, the powers and duties of the Board with respect to the hearing and determination of matters over which it has jurisdiction include powers and duties of the Board with respect to the determination of such matters where a hearing is not required to be held. O. Reg. 524/20, s. 1.

Where written reasons required

3.3 The reference in section 24 of the Act to written reasons of the Board is a reference to written reasons in respect of the hearing or determination of a matter by a panel of one or more commissioners under subsection 4.3 (8) of the Act or by an employee of the Board under section 6 of the Act. O. Reg. 524/20, s. 1.


4. Despite the revocation of Regulation 869 of the Revised Regulations of Ontario, 1990, any exemption made in that regulation continues according to the terms set out in that regulation as they read on the day before the day this Regulation is filed.  O. Reg. 328/03, s. 4.

Transition, Fixing the Hydro Mess Act, 2019

5. (1) In this section,

“transition date” means the day on which subsection 24 (5) of Schedule 2 to the Fixing the Hydro Mess Act, 2019 comes into force. O. Reg. 524/20, s. 2.

(2) For greater certainty, the following instruments that were in effect immediately before the transition date remain in effect as of the transition date, and may be revoked, amended or replaced by the person or entity who, as of the transition date, has the power to make the instrument:

1. Appointments of persons as members of the Market Surveillance Panel under section 4.3.1 of the Act.

2. Delegations made under section 6 of the Act.

3. Fees set under section 12.1 of the Act.

4. Forms approved under section 13 of the Act.

5. Assessments made under section 26 of the Act.

6. Rules made under section 44 of the Act or deemed to have been made under section 130 of the Act.

7. Codes issued or deemed to have been issued under section 70.1 of the Act.

8. Appointments of persons as inspectors under section 106 of the Act.

9. Rules governing practice and procedure made on behalf of the Board under section 25.1 of the Statutory Powers Procedure Act. O. Reg. 524/20, s. 2.

6. Revoked: O. Reg. 524/20, s. 2.